Pinnacle West Enterprises Inc. (referred to herein as “Pinnacle”) warrants that for a period of 6 months from date of shipment from Pinnacle, the equipment, product(s), part(s) and component(s) (collectively referred to herein as “Product”) will be, under normal use, free from defects in material and workmanship provided, however, that this warranty does not cover, and Pinnacle shall not be liable for, any malfunction, damage or wear caused by faulty installation, misapplication, abrasion, corrosion, inadequate or improper maintenance, negligence, accident, tampering, substitution of non-Pinnacle component(s) part(s) or product(s), improper storage, or other misuse. All warranty claims must be made in accordance with “Warranty Claims” above.
This warranty is conditioned upon the prepaid return of the product(s) claimed to be defective to Pinnacle for verification of the claimed defect. If the claimed defect is verified, Pinnacle will repair or replace free of charge any defective product(s). The product(s) will be returned to the original purchaser transportation prepaid. If inspection of the product(s) does not disclose any defect in material or workmanship, repairs will be made, with authorization, at a reasonable charge, which charges may include the costs of parts, labor, and return transportation.
THIS WARRANTY IS EXCLUSIVE, AND IS IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Pinnacle’s sole obligation and buyer’s sole remedy for any breach of warranty shall be as set forth above. The buyer agrees that no other remedy (including, but not limited to, incidental or consequential damages for lost profits, lost sales, injury to person or property, or any other incidental or consequential loss) shall be available.
PINNACLE MAKES NO WARRANTY, AND DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH PRODUCTS SOLD BUT NOT MANUFACTURED BY PINNACLE. These products sold, but not manufactured by Pinnacle, are subject to the warranty, if any, of their manufacturer. Pinnacle will provide purchaser with reasonable assistance in making any claim for breach of these warranties.
In no event will Pinnacle be liable for indirect, incidental, special or consequential damages resulting from Pinnacle supplying products hereunder, or the furnishing, performance, or use of any products or other goods sold hereto, whether due to a breach of contract, breach of warranty, the negligence of Pinnacle, or otherwise.